Minnesota Department of Human Services Rulemaking Docket

DHS rules being developed, amended or repealed as of March 2017

State agencies are required by Minnesota Statutes, Section 14.366, to maintain a current rulemaking docket describing the status of rulemaking activities in progress or under consideration within the agency. These activities include proposing new rules or amending or repealing existing rules.

The docket chart below is an overview of current rulemaking activity within the department. Each rule part in progress or under consideration is referenced by an eight-digit rule part number and the rule title. (See explanation of rule numbering following the rule docket.) Also indicated below is the general subject matter of the rule and the rule maker assigned to the current rule making activity.

Information on the current status of rulemaking activity for any rule part listed below may be obtained by clicking on the 8 digit rule part number. Information on the rulemaking status includes a citation to all published notices and general information on the progress of rulemaking activity. To the extent applicable, it may also include the names of additional department contacts, the timeframe and location for filing comments, the location for reviewing comments plus the time and place for a scheduled hearing.

Information may also be obtained by contacting the rule makers listed below. You may contact the rule makers by clicking on the email links included below in the rulemaking docket. You may also contact the rule makers by mail at the Compliance Office, Legal Management Office, Department of Human Services, Box 64238, St. Paul, MN 55164-0238 or by phone at 651-431-2907 or 800-657-3510.

Adopted rules. Immediately following the docket is a listing of recently adopted rules. Information regarding a newly adopted rule may be obtained by contacting the rulemaker listed.

Description of current rules. A document that contains description of existing rules and whether the department anticipates revisions to the rule can be downloaded in PDF format.

Minnesota Rulemaking Manual- Manual for the Practitioner. A manual for drafting state agency administrative rules.

Docket chart

Rule number and title, Subject Matter and Rulemaker

Possible Amendment to Rules Governing Retroactive Billing, Minnesota Rules, Part 9505.0450, Subpart 3; Revisor’s ID Number 4415
The Minnesota Department of Human Services requests comments on its proposed amendment to the rules governing retroactive billing for medical assistance providers and reimbursement of medical assistance recipients at part 9505.0540, subpart 3. Under the current rule, if a recipient was determined retroactively eligible for medical assistance, and has made payments to a provider for services received during a retroactive eligibility time period, the provider has the option of billing medical assistance and refunding the recipient, but only up to the amount paid by medical assistance. The proposed rules amendment would require providers to reimburse recipients for any amounts paid by a recipient for covered services during a retroactive period, regardless of whether the provider bills medical assistance or the amount paid by medical assistance. The amendment would also allow the recipient to appeal a provider’s failure to refund the recipient. The department believes that with the amendment the rules part will better align with federal requirements regarding retroactive coverage. Vanessa Vogl

Proposed Amendments to Permanent Rules Governing Public Guardianship or Conservatorship for Persons with Developmental Disabilities
The department proposes to update the rule that sets standards for the department and local agencies in the provision of public guardianship services. The services are provided to persons with developmental disability who are unable to fully provide for their own needs, and for whom no qualified person is willing and able to act as a private guardian. The proposed amendments update terminology and legal citations, provide for minor additional flexibility within established or current standards, and enhance rule clarity. The rulemaking process is suspended until a decision is rendered by the Minnesota Supreme Court about an appeal regarding issues related to the decision making process on behalf of a ward. The department is currently revisiting this rule proposal. Vanessa Vogl

Proposed Repeal of Obsolete Rule Governing Definition of “Investigative” for Purpose of Health Care Program Payment; Minnesota Rules, part 9505.5005; Revisor’s ID Number RD4260
The Minnesota Department of Human Services proposes to repeal obsolete language from rule which refers to the National Blue Cross and Blue Shield Association Medical Advisory Committee because the committee no longer exists. The Office of Administrative Hearings has reviewed and approved the department’s additional notice plan for this rulemaking The department published the Notice of Intent to Repeal Obsolete Rule in the State Register on August 18, 2014 and the comment period remained open until October 20, 2014.The department is currently revisiting this proposed repeal. Vanessa Vogl

Adopted rules

Adoption of Repeal of Obsolete Rules Governing Publishing Notices in a Local Newspaper, Minnesota Rules, Part 9505.2240, Subpart 1, Item B, Last Half of the First Sentence; Revisor’s ID Number 4154
The Minnesota Department of Human Services adopted the repeal of obsolete language from a Surveillance and Integrity Review Section program rule requiring the department to publish notice of sanctions the department imposes on Medical Assistance providers in trade area general circulation newspapers.The comment period for this repeal was published in the State Register on Tuesday, January 17, 2017. Vanessa Vogl

Adoption of Rules Governing Positive Support Strategies Minnesota Rules, Chapter 9525 (commonly known as Rule 40)
The department adopted rules requiring the use of positive support strategies in 2015. Please direct questions about this rulemaking process to Karen E. Sullivan Hook at dhsrulecomments@state.mn.us.

Description of existing rules and status

The following document contains a description of existing regulations that the agency uses to administer various programs. Also included is information about the status of each rule – whether the rule is current, or the department anticipates possible revisions. The document contains information such as the names and telephone numbers of staff persons familiar with specific rules and programs. This document is updated approximately yearly, as time permits.

Description of rules in effect

Explanation of rule numbering

All administrative rules in the state of Minnesota are codified by chapter in Minnesota Rules. Rules of the Department of Human Services begin at Chapter 9500 and end at Chapter 9585. Each chapter has rule parts and each rule part has an eight-digit part number (e.g., part 9506.0010). Typically, a series of rule parts all relating to the same matter is referred to as a rule and is identified by the beginning and ending eight-digit numbers in the series of rule parts (e.g., Minnesota Rules, parts 9506.0010 to 9506.0400 govern how the MinnesotaCare program is administered.)

DHS also has an informal numbering system for rules. For example, parts 9506.0010 to 9506.0400 are known informally as “Rule 100”. For a full list of DHS informal rule numbers and their corresponding eight-digit part number, please see the Rules conversion chart.

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